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(영문) 대전지방법원 공주지원 2016.07.08 2016고단70

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives the driver's first car volume in C C.

1. On December 8, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving of the last car without a driver’s license from the front side of the Defendant’s house located in D at the time of the official zone around 08:00 to the high-speed car parking lot located in 670 knife-ro 670 at the same time.

2. Around 08:00 on December 8, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle) led to the road where the E apartment site is located at the site of an apartment site at the time of a public week by driving the front car at the above body length around December 8, 2015.

Since there is a construction site and there is a place where the construction side gets across the roadways, in such a case, the driver of the vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the vehicle, and to report the road situation well and to safely drive the road in order to prevent accidents in advance.

Nevertheless, the Defendant did not neglect such duty of care and did not drive the Defendant’s vehicle at the front time, and did not discover the victim F(60) who was the construction work going on the roadway in the same direction, and did not receive the victim in front of the driver’s seat of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as the deprivation of abandonment, which requires approximately eight weeks of medical treatment, but did not immediately stop and take necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. A traffic accident occurrence report, a detailed statement of 112 reported case processing, a actual survey report, and the driver's license register of motor vehicles;

1. Application of the Acts and subordinate statutes governing diagnostic certificates and accident site photographs;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.